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Legal Information: Wisconsin

Restraining Orders

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Laws current as of December 14, 2023

What types of child abuse restraining orders are there? How long do they last?

There are temporary and final child abuse restraining orders, also called injunctions. A temporary order may be granted by a judge or court commissioner if s/he finds reasonable grounds to believe that the abuser has abused the child victim or may abuse the child victim.1 The temporary order lasts for 14 days or until the full court hearing and it can be extended once for 14 days if the respondent could not be served or if the parties consent.2

A final child abuse restraining order, or injunction, can be granted only after a full court hearing where the victim and abuser both get a chance to tell their sides of the story. If granted, a final child abuse injunction may last for up to two years or until the child victim turns 18, whichever happens first. However, there is a possibility that the injunction can last for up to five years if you can prove there is a substantial risk that the respondent may commit any of these crimes against the child: first-degree intentional homicide, second-degree intentional homicide, sexual assault or sexual assault of a child (sections (1) or (2)).3 If the respondent has been convicted of committing sexual assault or repeated acts of sexual assault against the child victim, you may request that the injunction be made permanent.4

A child abuse restraining order may also order the payment of child support.5

1 Wis. Stat. § 813.122(4)(a)(2)
2 Wis. Stat. § 813.122(4)(c)
3 Wis. Stat. § 813.122(5)(d),(dm)
4 Wis. Stat. § 813.122(5)(dm)(1m)
5 Wis. Stat. § 813.122(5)(e)